BHARTI INFRATEL LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Pranav Dave, learned Assistant Government Pleader waives service of notice of RULE on behalf of respondent No.1. Ms. Sejal K Mandavia, learned advocate waives service of notice of RULE on behalf of respondent No.2. With the consent of learned advocates appearing on behalf of respective parties, petition is taken up for final hearing today.

(2.) BY way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein original revisionist of Revision Application No.10/2010 has prayed for appropriate writ, direction, order quashing and setting aside the impugned order dated 7th April 2010 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.10/2010, by which the learned Revisional Authority has rejected the stay application submitted by the petitioner to stay the order dated 18th January 2010, passed by the Taluka Development Officer, Jambusar, during the pendency and final disposal of the aforesaid Revision Application.

(3.) IN view of the above, present petition succeeds and the impugned order dated 7th April 2010 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.10/2010 is hereby quashed and set aside and during the pendency and final disposal of the Revision Application No.10/2010, the parties are directed to maintain status-quo as existing on 10th May 2010. However, the same shall be without prejudice to rights and contentions of the respective parties in the said Revision Application. The Revisional Authority is directed to expedite hearing of the aforesaid Revision Application.